Total posts : 45366
You make a very good case regarding the “business” distinction for use of copyrighted material, but you allow that a test case may have to be decided in a court/congress. Is this because the law does not exempt “non profit” use?
My intent in my original post was to question the five points by kc8gpd and to point out that a “no” answer to each may not exempt someone from the fees.
Personally, I see no reason to require fees from a part 15 operation but that exemption apparently is not enumerated in the law, and I just wanted to make that point.
In my second post here, I used examples for which I know fees are collected, even for performance for small audiences, and as you point out they are business or commercial ventures where presumably the playing of music benefits the business. But this, and your logical post, still does not establish that nonprofit use is exempt. It makes sense to me that it should be but our discussion doesn’t establish it as a fact.
Knowing what I know about laws, unless something is specifically excluded then it is included (No right turn on red, except…). I am not inclined to research the law regarding copyright but perhaps someone who is interested can and cite a useful exclusion which would apply to part 15 broadcasting.